ЦИФРОВАЯ ВАЛЮТА КАК ЛЕГАЛИЗУЕМОЕ ИМУЩЕСТВО

Журнал российского права. 2025. Т. 29. № 5. С. 122–135.

Arzamastsev M. V., Никулина В. А.

With the advent of digital types of property in economic circulation, the subject indicator of legalization of proceeds from crime has changed. In 2024, the civil circulation of digital currency has expanded, including its mining and usage as payment instrument in external trading agreements. This is accompanied by increase in the unlawful utilization of digital currency. The novelty of phenomenon has led to doctrinal disputes about the elements of crime, and to contradictions in evolving judicial practice. Since increased requirements for legal certainty are imposed on criminal law, it is necessary to clarify the rules for qualifying the legalization of digital currency obtained as a result of committing a predicate crime. The purpose of the study is to determine the place of digital currency among the elements of crimes provided for in Articles 174 and 1741 of the Russian Criminal Code, as well as to develop rules for interpreting and qualifying the elements of these acts conditioned by their subject. A comparative and systemic study was conducted of civil and criminal legislation in their statics and dynamics in relation to digital currency. Statistical and sociological methods were used to analyze emerging judicial practice on the cases of legalization of property obtained by criminal means. The chosen methodology allowed identification of patterns and contradictions in regulatory framework, as well as in law enforcement and doctrinal interpretation.

Conclusion: for the purposes of applying Articles 174 and 1741 of the Russian Criminal Code, the legalized digital currency should be considered “other property”, and its sales should be qualified as transactions. Such an object of legalization (laundering) can be identified as income obtained both through a single predicate crime and through organised or continued criminal activity. The amount of laundering should be established by original value of digital currency, rather than by the value of money obtained after its conversion.

Keywords: имущество, квалификация преступлений, предмет преступления, property, money laundering, qualification of crimes, легализация (отмывание) преступных доходов, цифровая валюта, digital currency, object of crime